2015/08/19 Council Agenda Packet

b EXHIBIT C AMENDMENTS TO JOINT USE AGREEMENT K -C and the City agree to and hereby amend, or amend and restate, certain provisions of the Joint Use Agreement as follows: Section Amended Provision Strikeouts deleted; underlines added Definitions First Amendment The First Amendment to Joint Use Agreement dated as of 52015. Owner -Participant The Participant that is the owner of record of the Joint Use Facilities. Non -Owner Participant Any Participant that shares in the payment of operations and maintenance costs under the Annual O&M Budget that is not owner of record of the Joint Use Facilities. Participant The City and any successors, assigns or other parties approved by the City. As of the Transfer Effective Date of the First Amendment, K -C shall not be a Participant, an Owner -Participant or a Non -Owner Participant. 7.6 and 7.7 Sections 7.6 and 7.7 of the Joint Use Agreement are hereby tenninated and shall be of no further force or effect. 9 Section 9 of the Joint Use Agreement is hereby terminated and shall be of no further force or effect. 10.2.1 Subject to the City's security interest as set forth in Section 16.1 and the option to purchase set forth in Section 16.2, K -C shall be the owner of record of the Joint Use Facilities until the Transfer Effective Date of the First Amendment. On and after the Transfer Effective Date of the First Amendment. the City shall be the owner of record of the Joint Use Facilities. 10.3.1 The Owner -Participant I-Eshall apply for governmental approvals for the o•,4uefien and operation of the Joint Use Facilities. The City shall provide teclunical support and information required to complete applications and submittals; provided, however, the City's support shall not be construed to limit the City's exercise of its legislative, police and regulatory powers. The PRT shall review draft permit applications and teclunical submittals for the Joint Use Facilities prior to filing with governmental agencies. The Owner -Participant K—G shall prepare and submit required SEPA documents, and the City shall to the extent possible serve as the lead agency for the SEPA process required for the Joint Use Facilities and for any subsequent replacement or repairs undertaken pursuant to this Agreement. 12.1.1 Each year K-G the Owner -Participant shall propose an Annual O&M Budget to the PRT. The Annual O&M Budget shall be on a calendar year basis, and shall be approved and established by the Owner -Participant not later than December 1 preceding the year of the proposed budget. If an Annual O&M Budget is not approved by that time, the amounts of previous year's Annual O&M Budget shall be deemed to be the amounts of the next year's Annual O&M Budget until a new Annual O&M 42 17